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Post 80

Monday, April 3, 2006 - 3:02pmSanction this postReply
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If the word "only" is being used strictly, the deduction is that since a stray infant is (1) not an adult, and (2) does not have a parent near, then society does not recognize any rights for him.
When did anyone ever say that?  Yes, they have rights. Yes, they are recognized by society.

To state this positively, in your understanding of Objectivism, a child's rights derive from obligations placed on his parents. In the absence of parents, he has no rights, other than freedom of action to further his own survival (which he cannot physically do).

Is it fair to say that?
No, it wouldn't be fair. It's not fair to suggest anyone is being "preemptive" because they know where you're going with this stuff either!  :)

Where would I find a child without legal guardians, Michael?  How would such a child exist?  There is no such thing as a child existing without parents. It's metaphysically impossible.  Produce evidence of a child in this country that exists without parents, and I'll concede your point.


Post 81

Monday, April 3, 2006 - 3:24pmSanction this postReply
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Kurt,

I think that in a free society, such a case would be very rare, and that there would be many willing adults able to take responsibility.  Currently, with the state mandated to do this, the results are abyssmal.  Many people who want a child cannot get one (and these would now be free to do so easily with no impediment from the state) and hence, no abandoned children would be an issue. 
Yeah, I agree. Humans have been picking up the slack for each other's misfortunes for thousands of years, way before the concept of "rights" was discovered. No reason to think that would end.

Humans generally like babies. But as the Tramp discovered, and confessed to Dagny in Atlas Shrugged, when responsibility for another is forced on people, the object of its benefit is resented, rather than embraced.  

If any adult is responsible for any child (or helpless human) under any unfortunate circumstance, we might as well throw rights and freedom out the window.


Post 82

Monday, April 3, 2006 - 4:18pmSanction this postReply
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Teresa,

Your presumption was wrong about my intention. My concern was and is another. (It's one thing to claim that a right exists, it is quite another to explain what it is and how it is protected - and this issue is complicated, not simple.)

However, I now know exactly where our discussion is going since you are now claiming that abandoned children in the USA don't exist, yada yada yada, Kurt has chimed in with derision, etc.

Sorry to bother you folks. I'll keep my discussion of this elsewhere. This isn't what I want to do.

Michael


Post 83

Monday, April 3, 2006 - 6:03pmSanction this postReply
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However, I now know exactly where our discussion is going since you are now claiming that abandoned children in the USA don't exist, yada yada yada,
And you wonder why Dean got so fucking angry at you, Michael?  What kind of slickery is the above supposed to be?

There are no parentless children, period. Are you implying that abandoning a child suddenly removes parental responsibility for it, responsibility which is then magically imposed on a stranger?  

Your questions aren't very Socratic, so please, either make your point or ask relevant questions.   You're leaving me to speculate on your conclusions, and then being stupid when I do. Clearly your questions are leading to either:

1) Answers that would imply very young children are either no one's problem or everyone's problem, because children do and should have absolute and enforceable rights of protection, or no rights at all even though they have an inherent need for protection.

2) Answers that would endorse the idea that children are either no one's responsibility or  everyone's responsibility.

3) Answers that would suggest the problems created by one individual suddenly become the enforceable responsibility of another to solve.  

Make your point already.


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Post 84

Monday, April 3, 2006 - 6:58pmSanction this postReply
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Teresa,
There are no parentless children, period.
We disagree and you have closed your position. You're in fighting and preaching mode. Your speculations about me are wrong (and very incomplete logic-wise) and also you have closed your position.

We're wasting each others time. Sorry, but I have to move on. (This is not a put-down. It's simply a value choice. You're a good person.)

Michael


Post 85

Monday, April 3, 2006 - 8:39pmSanction this postReply
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Ye really wonder if under every intense 'child lover' there lies..............:-o

Post 86

Monday, April 3, 2006 - 8:50pmSanction this postReply
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there lies... bum bum bummmmm.... conflicts of interest due to major differences in hierarchies of values (making sure to save more children vs saving some children but not all). Which sets of children should be saved? By what means? Will the means work long term? Will the means work short term?

Hey, I've got an idea! We should torture, fine, and cause people to die earlier and enjoy life less if they don't save helpless children!

Post 87

Monday, April 3, 2006 - 8:55pmSanction this postReply
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LMAO

Post 88

Monday, April 3, 2006 - 10:47pmSanction this postReply
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Michael, when Teresa says that "metaphysically" there are no parentless children, she means that by the nature of reality, there are no children who don't have biological parents, not that there are no children who aren't receiving parental care and support. Her point is that if the biological parents abandon the child, they are violating the child's right to be cared for by them.

You continue to ask if the child has rights, and she continues to answer that, yes, the child has a right to be supported by the child's biological parents. Do you get that? What don't you understand about her answer? Or is it your position that if the biological parents are not around to take care of the child, someone else is responsible for the child's welfare? And who might that be?

We have to give some content to the idea that the child has a right to life. In other words, how would the child's right to life-sustaining support be violated? Would I violate it, if I refused to become the child's foster parent? Would you, if you refused to? Would Teresa or Kurt or Robert or Dean? Would anyone besides the child's biological parents?

Inquiring minds want to know? :-)

- Bill

Post 89

Monday, April 3, 2006 - 11:36pmSanction this postReply
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Bill,

If you are really interested in this, the idea is to start by defining terms. (The only reason I started this discussion again was to finish an unfinished dialogue with you, hopefully before the derision and monkey-shines started. I think you might be showing up too late again. Anyway, let's try it until it gets too noisy.)

I fully understood Teresa. (btw - where did that term "metaphysically" come from? Our context was political and legal - it was about rights.)

What I don't understand is the squeamishness that is displayed in saying this thing in a positive manner. The traditional skimming over (ask one question and get an answer to another), jumping context, stating "where this is all leading to," etc., sounds too much like window dressing and evasion. I prefer clearly stated positions.

I asked if the following statement was acceptable once before. I wasn't answered. I'll ask it again (and I'm serious - if you don't want to do this, just say so and that will be fine):

To state this positively, in your understanding of Objectivism, a child's rights derive from obligations placed on his parents. In the absence of parents, he has no rights, other than freedom of action to further his own survival (which he cannot physically do).
Is there anything in that statement you disagree with? This inquiring mind also wishes to know.

Michael

(Edited by Michael Stuart Kelly on 4/03, 11:39pm)


Post 90

Tuesday, April 4, 2006 - 1:14amSanction this postReply
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Michael wrote,
To state this positively, in your understanding of Objectivism, a child's rights derive from obligations placed on his parents. In the absence of parents, he has no rights, other than freedom of action to further his own survival (which he cannot physically do). Is there anything in that statement you disagree with? This inquiring mind also wishes to know.
No, I do not disagree with it, in the sense that whereas others have an obligation not to harm him, no one other than his biological parents (or those who may have assumed the responsibility of parenting him) have any obligation to support him.

But I thought it was clear that this position is also one that Teresa agreed with. The fact that the child cannot provide for his own survival does not mean that others have an unchosen obligation to support him, just because his biological parents have defaulted on that responsibility. There are many people who need things that they cannot provide for themselves - medical care, food, housing, etc. - to help them survive, but that does not mean that they therefore have a claim on my time, energy and resources. Regardless of their needs, I am not their slave. Is there anything in this statement that you disagree with?

- Bill
(Edited by William Dwyer
on 4/04, 1:17am)


Post 91

Tuesday, April 4, 2006 - 3:15amSanction this postReply
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Bill,

You wrote:
Regardless of their needs, I am not their slave. Is there anything in this statement that you disagree with?
No. I agree with that statement. The need of one does not create the individual right to enslave another.

I was not discussing the rights and protections of others at this point, though. Merely the rights of a stray child under how Objectivism is interpreted.

Now, back to that stray child. (I defined that term in another post above, but I can again if you like.)

You qualified your agreement with my statement by a discussion of the rights and obligations of others. Their rights is not what I am trying to examine, except in a very limited way (as a source of rights). Let's just try the first part of my statement. "A child's rights derive from obligations placed on the parents." (For clarity, we are discussing rights, not biology, so I include "parents" to mean biological parents and any adult who has a legal guardianship relationship, like a foster parent, etc.)

Would you agree with the following conclusion based on your understanding of Objectivism: that since a child cannot exercise any rights at birth, he is not born with inalienable rights as an independent individual? But that what rights he does have are derived from obligations placed on his parents?

Michael

Post 92

Tuesday, April 4, 2006 - 6:59amSanction this postReply
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MSK - how was I using derision?  I did not intend that.  I was rather amusingly referring to the similarity of this to the old thread that caused all the hubub, where you may remember I supported you, if not in your ideas at least in asking for people to not be so caustic and condemning.

Post 93

Tuesday, April 4, 2006 - 7:14amSanction this postReply
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Teresa wrote to Michael:
Your questions aren't very Socratic, so please, either make your point or ask relevant questions.
That's a good observation, Teresa.  Michael wants you to agree with him at each step in his killer argument, but you rightly question his premises.  He wants you to respond as Socrates' interlocutors did, with inane phrases like "No question", "That is certain", "Yes, I agree", or "I should not wonder" as he leads you inexorably through his argument.  If Socrates' imaginary opponents had questioned some of the steps in his arguments, Western philosophy might be totally different today.  But then, they weren't real dialogues, were they?

Tread carefully, Bill.
Glenn


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Post 94

Tuesday, April 4, 2006 - 9:04amSanction this postReply
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Glenn, thank you for your concern, but you really have nothing to worry about. Socratic questioning is fine with me, and if it leads to a conclusion that I don't like, so be it. We're all here to discover the truth whether it supports our philosophy or contradicts it, right? We're all intellectually honest human beings, aren't we?! Well, aren't we?? ;-)

Michael, you asked,
Would you agree with the following conclusion based on your understanding of Objectivism: that since a child cannot exercise any rights at birth, he is not born with inalienable rights as an independent individual? But that what rights he does have are derived from obligations placed on his parents?
Yes, I would agree that a child is not born with inalienable rights as an independent individual, because a newborn is not an independent individual. He or she is utterly dependent on the parents for survival.

And, yes, what dependent rights the newborn has are correlates of the parents' obligation to support him or her - the argument being that the parents chose to bring a helpless human being into the world; therefore, it is the parents responsibility to care for the child, until the child becomes independent.

- Bill
(Edited by William Dwyer
on 4/04, 9:06am)


Post 95

Tuesday, April 4, 2006 - 9:29amSanction this postReply
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We're all intellectually honest human beings, aren't we?! Well, aren't we?? ;-)
Yeeeees, Professor Dwyer.
 


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Post 96

Tuesday, April 4, 2006 - 9:41amSanction this postReply
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We're all here to discover the truth whether it supports our philosophy or contradicts it, right? We're all intellectually honest human beings, aren't we?! Well, aren't we?? ;-)
Nope.  No!  No!!



Post 97

Tuesday, April 4, 2006 - 12:20pmSanction this postReply
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"We're all here to discover the truth whether it supports our philosophy or contradicts it, right? We're all intellectually honest human beings, aren't we?! Well, aren't we?? ;-)"


This is the best I've heard in awhile.

Post 98

Tuesday, April 4, 2006 - 12:45pmSanction this postReply
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Which - the question, or the questioned answer?


Post 99

Tuesday, April 4, 2006 - 2:24pmSanction this postReply
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Bill,

Thank you for the honest answer to my question. Just for the record, no, I am not on some sinister crusade to undermine Objectivism through "Socratic questioning" or whatever.

(I do wonder what Glenn is so afraid of. I smell fear. Perhaps I'm wrong, but I get suspicious whenever a simple question is met with a bunch of speculations about motives and character. Shades of Randroids. You, Bill, asked me a straight question and I answered it. I saw nothing inherently dishonest in your question. Do you see something dishonest in my questions? If so, please let me know. Isn't trying to avoid discussing or thinking about something called evasion? Have I been guilty of blasphemy or something for raising questions about a forbidden topic? I hold that no premise is so sacred that it cannot be checked. Then again, I've always been a terrible true-believer. Also, Kurt, point taken. I misunderstood. Sorry.)

Anyway, if you are interested in my motives, I have been exploring this topic from top to bottom basically because it has caused a gap in my own understanding of the logical part of Objectivism. Some things appear as a contradiction and have been poorly stated in the literature, so I am trying to get to the bottom of them. It is nothing more that that. (The role of children, specifically, but also the definition of human nature in general.)

Now if we can get around all the insinuations about my honesty, goodwill, etc., I really would like to "chew" on this topic in a civil manner. My manner of "chewing" is to look at the facts without judging, verify that I correctly know what I am considering, then - and only then - make a judgement. I already know the party line backwards and forwards, so regurgitating that over and over is not knowledge. The logical doubts persist.

(I know that many Objectivists prefer to judge first, then understand, and they call that method "Objectivism," but it isn't and this particular Objectivist, me, has chosen a more precise system of cognition.) I stated elsewhere a couple of months ago that I suspended my wish to implement protection of a starving child into law while I study this. I meant it.

Back to the issue. You used a term called "dependent rights." How would you define this? What is a dependent right? This might be an interesting direction to explore. Hell, I am even finding difficulty in understanding the definition of "infant" or "child" in Objectivism.

Rand uses "rational animal" for a human being, with "rational" being the differentia and "animal" being the genus. In Objectivism, a child is an undeveloped "rational animal" who needs time and a series of needs to be met in order to become a mature one.

We are all supposed to be born with inalienable rights (which I understand to mean that our society recognizes these powers indiscriminately for all citizens), yet a newborn is not considered as fully having them, thus it follows that he cannot be considered a citizen - only a potential citizen. Correct? (Yet he is not a potential animal, he is only potentially rational.)

In that case, the former constitutional definition of such person being the equivalent of three-fifths of a free person would be one way of legally looking at it.

I find your argument that parents choose to bring a helpless child into the world lacking when I see all the unwanted (unchosen) pregnancies. I don't think that is a proper basis for parental obligations that will stand the test of logic without twisting the concept of "choose" all out of shape (enter the ever-present "evasion"). I do agree that some biological parents choose to have children and a foster parent chooses to assume guardianship. Orphanages also choose that.

Shouldn't the genus (animal) be thought about more than the differentia (rational) here, since reproduction is more of a biological concern than a rational one? Aren't laws and rights supposed to be for the whole human being, and not merely the differentia part?

Incidentally, just to answer a question that was left in the air, if anyone wants to see children who are in a very real situation without parents (regardless of why), walk into any police station in the country and look at the missing persons list. Theoretically these missing children have parents, but in the situation they are in (the ones who are still alive), they don't. They will only have parents or legal guardians again once they are reunited. If they are never reunited, they are essentially parentless. I didn't answer the call to provide evidence because we are supposed to be having an intelligent discussion, not hairsplitting over patently obvious things in some kind of silly competition.

Michael

(Edited by Michael Stuart Kelly on 4/04, 2:27pm)


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